Lloyd's Maritime and Commercial Law Quarterly
COURT APPROVED PRIVATE SALE OF VESSELS IN MALTA
Jotham Scerri-Diacono and Lara Pace*
The Blankenese
The Ladybug
A Comment previously published in this Quarterly
1 has described the novel procedure prescribed in the Maltese Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta, which offers creditors of an indebted vessel a fast-track and simple remedial mechanism, namely that of requesting the superior Courts of Malta to approve the private sale of the vessel. Article 358 of Chapter 12 stipulates that the creditors making this request to the courts must possess an executive title and the sale must be in favour of an identified buyer at a determined price.2 The law also lays down a number of requisites in order for the court to approve the said sale. First, it is mandatory for the applicant to submit two appraisals confirming the value of the vessel by independent and reputable valuers, and it is also incumbent on the applicant to adduce to the court evidence that such private sale is in the interest of all known creditors and that the price offered by the proposed buyer is reasonable in the circumstances of the case.3
1. J Scerri-Diacono, “Private, Court-Approved Sales of Vessels and Aircraft in Malta” [2012] LMCLQ 356.
2. Article 358 of the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta, publicly available: www.justiceservices.gov.mt/DownloadDocument.aspx?app=lomamp;itemid=8577.
3. Ibid, Art.359.
CASE AND COMMENT
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